1993-722070Return to: SAN DIEGUITO WATER DISTRICT
P O Box 231010, Encinitas,
R-4 by
101 3-01 a~rvro ~ S K- 1,3 O. 0 1
CA 92023-1010 -,gam
805
` MIYUKI ITO TRUSTEE OF THE ITO FAMILY TRUST DATED OCT.3,
The undersigned,
1989
CITY OF ENCINITAS,
as Grantor...., of County of_.......... CA
SAN DIEGO..., State of CA.............................
for 13a¢ in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito
fM4Z District, an irrigation district organized and existing under and by virtue of the laws of the _sate of California,
as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito 1 ' Tien- District, its
successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands
hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, in-
specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con-
nection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together
with the right of ingress thereto and egress therefrom, to and along said right of way, together with the right to clear
and keep clear said right of way from buildings, structures, explosive, trees, and other material or growths detriment-
al to the uses herein granted.
The lands in which such easement of right of way is hereby granted are situated in the County of San Diega, State
of California, and particularly described as follows, to wit:
SEE ATTACHED EXHIBIT "A"
This is to certify that the interest in real prope-L%r
`
conveyed by the cued or grant dated August 5, 1993
lvt'Om ,Tr Ito Fam Tru ot -
San Dieguito Water
District, a governmental agency is hereby accepted
and the grantee consents to recordation thereof by
Its duly authorized officer.
Dated o-2-0173 by" -
Warren H. Sha er
District Secretary
The route of said easement of right of way across the aforesaid lands shall be as follows:
SEE ATTACHED EXHIBIT "B"
Fk 1%
119073-0722070
27-OCT-1993 03 m 34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE PANS, COUNTY RECORDER j >
FEES: 0.00
OC
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It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way
hereby granted, for agricultural uses except for the planting and growing of trees; and the right to crass or make use
of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance
and replacement of a pipe line or pipe lines, or to any other purposes and uses as are or may be necessary or incidental
to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or
cause to be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe
line; or store or permit to be stored or use upon said right of way any blasting supplies or explosives commonly used for
blasting purposes.
And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his succes-
sors of said right of way, and agrees not to fence the same, and agrees that the Grantor may er_joy the surface use of
the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of
water pipes reasonably required for Grantor's use on his said property over and across the right of way in a manner
which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line,-it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installa-
tion of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All
present installed utilities will be interfered with as little as possible and if interrupted will be promptly restored to use
at the expense of the Grantee.
15-7
Witness ............................hand........ this
i.. f..........day
Witness
Witness
Notaries: Use proper form on back.
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oP.......- r.u.7.- ................................is..93.
M YUKI 0, TRUSTEE OF THE ITO FAMILY
.
TRUST...D.....ED..OCT..3.... 9 9-----------------------------
d
STATE OF
County of ss.
GENERAL FORM
807
i
ON THIS ................day of............................ A. D., 19........ , before me,.
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
...............................................................................................................................•-----...........personally known for me to be the person....
whose name ....................subscribed to the within Instrument, and duly acknowledged to me that he.... executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in.this certificate first above written.
Notary Public in and for said County and State
t
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d
STATE OF
County of ss.
f
CORPORATION FORM
ON THIS ................day of............................ A. D., 19........, before me............ . -
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
known to me' to be the---- ---------------President and
---known to me to be the........... Secretary, ,of the
the Corporation that executed the within Instrument, known to me to be the
persons who executed the within Instrument, on behalf of the Corporation therein
named, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public in and for said County and State
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WITNESS FORM
STATE OF CALIFORNIA ,
ss.
County of San Diego ~
ON THIS ....................day of................................ A.D., 19 before me...................................................................
'
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ,
-----known to, me to be -the person---- whose ,
name ......................subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly sworn,
depose.... and say....: That he................ reside in the said County of San
Diego, State of California, and tha;......he ................present and save..............................
---..----•----....---..................personally known
to h............ to be the same person described' in and whose name... .............subscribed
to the within and annexed Instrument, sign, execute and deliver the same, and
he............ acknowledged to said affiant that he........ executed the same;
and that said affiant subscribed h............ name thereto as a Witness '
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written. 7
-
Notary Public in and for said County and State
(NOTARIES: Please use the General Form for individual signers, the Witness Form only for witnesses) ti
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STATE OF CALIFORNIA - }ss.
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On'/~}-(,[4 9 ~3 before me, S~7Y 1 E ,5 VY ~~l S Q N
personally appeared /11 / yu K i _Z" T z>
peFGeR e (or proved
to me on the basis of satisfactory evidence) to be the personH whose name(4is/ar$ subscribed to the within
instrument and acknowledged to me that he/sheithey executed the same in his/h®c hQ
r authorized capacity and that by his/hac/Ybeir signature(s) on the instrument the person(s3 or the entity upon behalf of which the
person(s}acted, executed the instrument.
WITNESS my hand and official seal
Signature
OFFICIAL SEAL
imia K. SwENSON
m NOT SSAN DIEGO CO TM NIA
My Comm. Ewes May 6,1994
(This area for official notarial seal)
8 0 8 t~~aFESSioN~~
EXHIBIT " 11 i~ p9~
o.29577
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INDICATES WATER EASEMENT
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PE 351
PASCO ENGINEERING
(619) 259-8212
535 NO. HIGHWAY 101
SUITE A
SOLANA BEACH, CA 92075
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PARCEL 1:
EXHIBIT"A"
DESCRIPTION
809
THE NORTHERLY 266.52 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF ENCINITAS,.COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER WHICH IS DISTANT THEREON NORTH 10 10' 58" EAST 480.00 FEET FROM THE SOUTHWEST
CORNIER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID WEST
LINE, NORTH 10 10' 58" EAST, 592.39 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 10 10'
58" WEST 268.07 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 15; THENCE SOUTH 88°
50' 29" EAST, 651.21 FEET; THENCE SOUTH 2°.44' 10" WEST 266.60 FEET; THENCE SOUTH 880
50' 29" EAST TO THE EASTERLY LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO A LINE WHICH BEARS
SOUTH 880 50' 29" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 88° 50' 29" WEST TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF COUNTY ROAD
SURVEY NO. 373 A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
COUNTY.
PARCEL 2:
ALL THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF ENICINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 15; THENCE
SOUTH 10 10' 58" WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 268.07 FEET;
THENCE SOUTH 880 50' 29" EAST 651.21 FEET; THENCE NORTH 20 44' 10" EAST 257.02 FEET TO
THE NORTHEAST CORNIER OF SAID WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION; THENCE NORTH 870 53' 16" WEST ALONG THE NORTH LINE OF SAID
SECTION 664.62 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION OF SAID PROPERTY INCLUDED WITHIN AND COMPRISING A PART OF THAT
CERTAIN STRIP OF LAND CONVEYED BY A. VAN AMERSFOORT TO THE COUNTY OF SAN DIEGO FOR
ROAD PURPOSES, BY DEED DATED NOVEMBER 24, 1924 AND RECORDED DECEMBER 28, 1924, IN BOOK
1038, PAGE 333 OF DEEDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST AND WEST CORNER OF SECTION 10, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID POINT BEING SOUTH 890 01' 50" EAST 389.93
FEET FROM THE CENTER OF SAID SECTION 10 AND RUNNING THENCE FROM SAID POINT OF
BEGINNING SOUTH 170 40' 35" EAST 424.97 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 1100 FEET; THENCE`ALONG SAID CURVE THROUGH AN ANGLE OF 150 40' FOR A
DISTANCE OF 300.78 FEET; THENCE SOUTH 20 13' 10" WEST 1695.55 FEET TO THE BEGINNING OF
A CURVE TO THE RIGHT HAVING A RADIUS OF 600 FEET; THENCE ALONG SAID CURVE THROUGH AN
ANGLE OF 270 03' 30" FOR A DISTANCE OF 283.35 FEET; THENCE SOUTH 290 16' 40" WEST 89.91
FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 200 FEET; THENCE ALONG
SAID CURVE THROUGH AN ANGLE OF 300 30' FOR A DISTANCE OF 106.46 FEET; THENCE SOUTH 10
13' 20" EAST 211.07 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF
180 FEET; THENCE ALONG SAID CURVE THROUGH AN' ANGLE OF 49° 08' FOR A DISTANCE OF 154.4
FEET, MORE OR LESS, TO A POINT IN THE COUNTY ROAD KNOWN AS OLD SURVEY NO. 40.
EXHIBIT B
PARCEL "A"
8 .l 0
THE WESTERLY 10.00 FEET OF THAT LAND AS DESCRIBED IN ATTACHED
EXHIBIT "A".
ALL FENCES CROSSING THE AFORESAID PARCEL A WILL REQUIRE ACCESS
GATES FOR INGRESS AND EGRESS BY DISTRICT PERSONAL AND VEHICLES.
PARCEL "B"
THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 15; THENCE
ALONG THE NORTHERLY LINE THEREOF S 88022'41" E 75.50 FEET; THENCE
LEAVING SAID LINE S 23004'51" E 168.96 FEET TO A POINT ON A NON-
TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL LINE
TO SAID POINT BEARS N 25036118" W; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE 20.80 FEET THROUGH A CENTRAL ANGLE OF 23050116";
THENCE NON-TANGENT TO SAID CURVE N 23004151" W 161.30 FEET; THENCE
N 88022141" W 62.81 FEET TO THE WEST LINE OF SAID NORTHEAST
QUARTER; THENCE ALONG SAID LINE N 01057124" E 20.00 FEET TO THE
POINT OF BEGINNING.
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